Elmer Gerard Pratt v. D.J. McCarthy Superintendent

The district court granted Pratt’s motion, pursuant to Fed.R.App.P. 4(a), for an extension of time in which to file a notice of appeal. The district court concluded that a misunderstanding among Pratt’s counsel concerning who would file the notice of appeal constituted excusable neglect for purposes of Rule 4(a)(5). Because we conclude that the district court abused its discretion in finding excusable neglect, we dismiss the appeal for lack of jurisdiction.

I

On August 12, 1986, the district court dismissed Pratt’s application for a writ of habeas corpus. On August 15, 1986, the district court entered its judgment, and mailed a copy of the judgment to Pratt’s pro bono lead attorney, Stuart Hanlon. Hanlon distributed a copy of the judgment to Pratt’s other four pro bono attorneys of record.

After the district court’s decision, Paul McCloskey, one of Hanlon’s co-counsel, agreed to prepare Pratt’s appellate brief. McCloskey, however, assumed that Hanlon would file the notice of appeal while Han-lon assumed that McCloskey would do so. The record does not reflect the understanding of Pratt's other attorneys. Both McCloskey and Hanlon left for vacation on August 28, 1986. McCloskey…